COMMITTEE SUBSTITUTE
FOR
H. B. 4455
(By Delegates Warner and Michael
)
(Originating in the Committee on Finance)
[February 27, 2004]
A BILL to amend and reenact §17-24-4 and §17-24-6 of the code of
West Virginia, 1931, as amended; and to amend said code by
adding thereto a new section, designated §17-24-10, all
relating to the waste tire remediation program; allowing
balance in fund at end of fiscal year to be transferred to
state road fund in certain circumstances; and continuation of
the waste tire remediation program.
Be it enacted by the Legislature of West Virginia:
That §17-24-4 and §17-24-6 of the code of West Virginia, 1931,
as amended, be amended and reenacted; and that said code be amended
by adding thereto a new section, designated §17-24-10, all to read
as follows:
ARTICLE 24. WASTE TIRE REMEDIATION.
§17-24-4. Division of highways to administer funds for waste tire
remediation; rules authorized; duties of
commissioner.
(a) The division of highways shall administer all funds made
available to the division for remediation of waste tire piles and
for the proper disposal of waste tires removed from waste tire
piles. The commissioner of the division of highways may: (i)
Propose for legislative promulgation in accordance with article
three, chapter twenty-nine-a of this code emergency and legislative
rules necessary to implement the provisions of this article; and
(ii) administer all funds appropriated by the Legislature to carry
out the requirements of this article and any other funds from
whatever source, including, but not limited to, federal, state or
private grants.
(b) The commissioner also has the following powers:
(1) To apply and carry out the provisions of this article and
the rules promulgated under this article.
(2) To investigate, from time to time, the operation and
effect of this article and of the rules promulgated under this
article and to report his or her findings and recommendations to
the Legislature and the governor.
(c) The provisions of articles two-a and four of this chapter
and the policy, rules, practices and procedures under those
articles shall be followed by the commissioner in carrying out the
purposes of this article.
(d) On or before the first day of June, two thousand one, the
commissioner shall determine the location, approximate size and
potential risk to the public of all waste tire piles in the state
and establish, in descending order, a waste tire remediation list.(e) The commissioner may contract with the department of
health and human resources
and or the division of corrections,
or
both, to remediate or assist in remediation of waste tire piles
throughout the state. Use of available department of health and
human resources and the division of corrections work programs shall
be given priority status in the contract process so long as such
programs prove a cost-effective method of remediating waste tire piles.
(f) Waste tire remediation shall be stopped and the division
of environmental protection notified upon the discovery of any
potentially hazardous material at a remediation site. The division
of environmental protection shall respond to the notification in
accordance with the provisions of article eighteen, chapter
twenty-two of this code.
(g) The commissioner may establish a tire disposal program
within the division to provide for a cost effective and efficient
method to accept passenger car and light truck waste tires at such
division of highways county headquarters as have sufficient space
for temporary storage of waste tires and personnel to accept and
handle waste tires. The commissioner may pay a fee for each tire
an individual West Virginia resident or West Virginia business
brings to the division. The commissioner may establish a limit on
the number of tires an individual or business may be paid for
during any calendar month. The commissioner may in his or her
discretion authorize commercial businesses to participate in the
collection program:
Provided, That no person or business who has
a waste tire pile subject to remediation under this article may participate in this program.
(h) The commissioner may pledge not more than two and one-half
million dollars annually of the moneys appropriated, deposited or
accrued in the A. James Manchin fund created by section six
,
article twenty-four of this
chapter article, to the payment of debt
service, including the funding of reasonable reserves, on bonds
issued by the water development authority pursuant to section
seven-a seventeen-a, article fifteen-a, chapter thirty-one of this
code to finance infrastructure projects relating to waste tire
processing facilities located in this state:
Provided, That a
waste tire processing facility shall be determined by the solid
waste management board, established pursuant to the provisions of
article three, chapter twenty-two-c of this code, to meet all
applicable federal and state environmental laws and rules and
regulations and to aid the state in efforts to promote and
encourage recycling and use of constituent component parts of waste
tires in an environmentally sound manner:
Provided, however, That
the waste tire processing facility shall have a capital cost of not
less than three hundred million dollars, and the council for
community and economic development shall determine that the waste
tire processing facility is a viable economic development project
of benefit to the state's economy.
§17-24-6. Creation of the A. James Manchin fund; proceeds from
sale of waste tires; fee on issuance of certificate
of title.
(a) There is
hereby created continued in the state treasury a
special revenue fund known as the "A. James Manchin Fund." All
moneys appropriated, deposited or accrued in this fund shall be
used exclusively for remediation of waste tire piles as required by
this article for the tire disposal program established under
section four of this article or for the purposes of subsection (h),
section four of this article or for the purposes of subsection (c),
section five of this article. The fund
shall consist consists of
the proceeds from the sale of waste tires; fees collected by the
division of motor vehicles as provided
for in section sixteen,
article ten, chapter seventeen-a of this code; any federal, state
or private grants; legislative appropriations; loans; and any other
funding source available for waste tire remediation. Any
unprogrammed balance remaining in the fund at the end of any state
fiscal year shall
not revert to the state treasury, but shall
remain in this fund and be used only in a manner consistent with
the requirements of this article be transferred to the state road
fund.
(b) No further collections or deposits shall be made after the
commissioner certifies to the governor and the Legislature that the
remediation of all waste tire piles that were determined by the
commissioner to exist on the first day of June, two thousand one,
has been completed and that all infrastructure bonds issued by the
water development authority pursuant to section seventeen-a,
article fifteen-a of chapter thirty-one of this code have been paid
in full or legally defeased.
(c) The joint committee on government operations shall,
pursuant to authority granted in article ten, chapter four of this
code, conduct a preliminary performance review of the division's
compliance with the waste tire remediation mandated in this
article; whether the purposes of this article have been met; and
whether it is appropriate to terminate this program. In conducting
such preliminary performance review, the committee shall follow the
guidelines established in this article. A preliminary review shall
be completed on or before the first day of January, two thousand
four.
(c) If infrastructure bonds are not issued by the water
development authority pursuant to section seventeen-a, article
fifteen-a, chapter thirty-one of this code to finance
infrastructure projects relating to waste tire processing
facilities located in this state
on or before the thirty-first day
of December, two thousand six, all further collections and deposits
to the A. James Manchin fund which are not programmed for
remediation or disposal shall be transferred to the state road fund
at the end of each fiscal year.
§17-24-10. Continuation of waste tire remediation program.
The waste tire remediation program shall continue to exist,
pursuant to the provisions of article ten, chapter four of this
code, until the first day of July, two thousand six, unless sooner
terminated, continued or reestablished pursuant to the provisions
of that article.